SAJAN.N.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.489/2019 of Adimali Police Station, which has been registered for offences punishable under Secs.376(2)(f), 376(2)(i), 447 and 506(i) of the Indian Penal Code and Secs.3(b), 4, 5(f) and Sec.6 of the Protection of Children from Sexual Offence (POCSO) Act, 2012, on the basis of the FI Statement given by the minor victim girl on 15.07.2019, in respect of the alleged incidents which happened for the period from 01.10.2018 to 24.12.2018. The petitioner herein has been arrested in this case on 15.07.2019 and has been under judicial custody since then. The learned counsel for the petitioner would urge that the abovesaid allegations raised against the petitioner are baseless and false and that at any rate, as the petitioner has already suffered detention since 15.07.2019, his continued detention is no longer necessary, this Court may order to release him on regular bail subject to stringent conditions.

(2.) The main allegation against the petitioner in the instant crime is that the petitioner, who is working as a teacher in the school where the minor victim girl aged 15 years is studying, had misused his privilege as a teacher and on 24.12.2018 at about 11.45 p.m., he had trespassed into her residence and grabbed her breast and inserted his fingers to her genital part and thus he has committed the abovesaid offences.

(3.) The learned counsel for the petitioner would point out that the petitioner has already suffered detention for the last 69 days and that his continued detention may not be necessary and further that the petitioner is now under suspension of service due to the pendency of the abovesaid criminal proceedings and that he will undertake that he will not work in the school, where the minor victim girl is studying, until the conclusion of the trial, if a teaching post held by him in any other school belonging to the same management.